The will was proved Mar. 26, 1678 with an objection made by his son-in-law, John Webster. The issue was the lands and homestead, which his son-in-law thought would be given to him and his wife. Nicholas had left all lands to his widow, except for certains lands already given to John Webster. After his wife's decease, the estate was to be divided "Shall be equally devided into five equall parts, and yt my daughter Anne Webster, Shall have two parts : and ye other three parts. Shall be equally devided, betwen my two daughters, mary and Sarah,
or thaier haiers, allwaies provided yt John Webster, or his haiers being my daughter ann's Children, Shall have liberty
to buy the land of both my other Children, that is, thaier parts, if he or his haiers will give full as much for it,"

"Deposition of John Emery, Sr. and Mary his wife, that in 1653 John Webster married Ann Batt, daughter of Nicolas Batt and in consideration of their marriage Nicolas Batt promised to give to the said John Webster with his daughter Ann his house he then lived in and all his lands that he had with all the priviledges belonging unto them after his and his wife's decease, and did immediately give to the said Ann possession of part of it in lieu of the whole and John Webster hath enjoyed it as his own proper estate to this day without molestation; furthermore Nicolas Batt promised to weave all the cloth that she made for nothing. Sworn in Ipswich court Mar. 26, 1678."

It appears that the Court did not find in his favor for in April, John Webster made another petition to the Court:

"Petition to the Ipswich court Apr. 30, 1678, of John Webster of Newbury, showing that Nicolas Batt late of Newbury did before the marrage of the petitioner to his daughter Ann, freely promise his house and lands with the priviledges thereto belonging, after his own and his wife's decease as a portion to his said daughter, yet notwithstanding, the said Mcolas Batt made his will and disposed of his land as his other estate, (which your petitioner conceives was not bequeathable being before disposed of to him on the marriage of his daughter) and the petitioner is debarred from the possession of the said land till after the death of the relict of the said Nicolas, who being made executrix of the will offereth the land to sell, whereby the petitioner is endangered to be defeated of his just rights and he asks that the land may be secured and not alienated, or at least to accept this address into the public records of the court as a testimony of the petitioners continued claim. - The Court Apr. 30, 1678 ordered that it may be recorded."S3

Of The Devizes, Wiltshire.Birth: By about 1608 based on estimated date of marriage.Death: Newbury 6 Dec 1677.No known relationship with Christopher Batt of The Devizes. "Examination of [the records from St John the Baptist, The Devizes] has not uncovered any information about Nicholas Batt."

NICHOLAS, Newbury, perhaps br. of the preced.[Christopher] came in the James from Southampton, with w. Lucy, arr. at Boston 3 June 1635, is call. in the ship's clearance, "of the Devizes, linen weaver," had Sarah, b. 12 June 1640, and two more ds. He d. 6 Dec. 1677; and his wid. Lucy d. 26 Jan. 1679.

At least two ships called the James sailed in 1635 from England to New England. The passenger list for this one refers to the "James of London." It lists only the men and boys, but indicates that wives and children accompanied them.